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Estoppel by Conduct and Election

Estoppel by Conduct and Election
2nd Edition
Series:  Contract Law Library
Practice Area:  Contract Law
ISBN:  9780414028449
Published by:  Sweet & Maxwell
Publication Date:  19 Feb 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Estoppel by Conduct and Election examines estoppel in its commercial context looking at the general principles as well as the particular relationships in which estoppels can arise. It benefits greatly from an in-depth examination of underlying case law actively demonstrating how principles are dealt with in the court.

Key Features

  • Covers different types of estoppel – promissory estoppel, estoppel by representation, proprietary estoppel and estoppel by convention
  • Examines the different relationships in which estoppel can arise, e.g. principal and agent, landlord and tenant, bailor and bailee, licensees of IP and bank and customer
  • Inspects estoppel as it arises in the course of different transactions from companies, insurance and insolvency
  • Illustrates how estoppel works by in-depth analysis of case law
  • Examines estoppel under both common law and statute
  • Deals with procedural matters and shows how estoppel can be used as a defence

New to Edition

  • There are significant updates on the subject of proprietary estoppel. Including estoppel by encouragement, estoppel by standing by, estoppel as an equitable cause of action, estoppel by representation etc
  • Quasi estoppel and equitable defences are also freshly examined including consent to breach of trust
  • Major update on promissory estoppel, including a fresh approach on the Nature of promise, knowledge of rights, intention to affect legal relations and causation



Part 1 Estoppel generally

  • Representations and their construction
  • How a representation is made
  • Causation – materiality, inducement, reliance, change of position, damage
  • Inconsistency between representation and later assertion
  • Parties to an estoppel
  • Estoppel by convention
  • Estoppels in various relationships:
    - Agency
    - Landlord and tenant
    - Bailor and bailee
    - Licensor and licensee
    - Bank and customer
    - Miscellaneous


  • Estoppels in various transactions:
    - Companies
    - Capacity
    - Insurance
    - Insolvency


  • Estoppels by conduct in court proceedings
    Statutory provisions dealing with estoppels
    Affirmative answers

Part 2 Estoppel in equity

  • Estoppel in acquiescence or encouragement
  • Promissory estoppel

Part 3 Election

  • Election

Part 4 Procedure

  • Pleading and practice


Justice Handley


Called to the Bar of New South Wales 1959; appointed Queen’s Counsel 1973; admitted Lincoln’s Inn 1986; appointed to the Court of Appeal of New South Wales 1990; visiting Fellow Wolfson College Cambridge 1995, 1998; Inns of Court Visiting Fellow Inner Temple 2001; part time Judge Fiji Court of Appeal 1996; part time Judge Supreme Court of Fiji 2003.

Author of 3rd edition of Spencer-Bower on Res Judicata published by Butterworths 1996 and the 4th edition of Spencer-Bower on Actionable Misrepresentation published by Butterworths 2000.

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